PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

TERMS OF USE

Effective Date: 9 May, 2011

1. The terms used in this Terms of Use:

The Owner – an entity providing access to the Site under a web address www.filestube.com, that is Red Sky Sp. z o. o., a company incorporated under the laws of Poland, with its registered office in Szczecin, at Piastów 22 Street, Szczecin 71-064, Poland, registered in the entrepreneurs register conducted by the National Court Register maintained by the District Court in Szczecin, XIII Commercial Department, with KRS number 0000209107, NIP (tax identification number): 642-26-83-651, REGON number 276822679, amount of the share capital of PLN 937.000,00 covered in whole.

Contact Form – an electronic document found in the Site dedicated for making contact with the Site Owner.

Register Form – an electronic document found in the Site dedicated for registering a User’s account in the Site.

Terms of Use – this document, specifying the terms and conditions of using the Site as well as the rights and obligations of Site Users and the Site Owner. The Terms of Use constitute a binding agreement between you and the Owner, regarding your use of the Site.

Site or Service – FilesTube Service, available under the net address www.filestube.com

User – shall mean an adult person with a capacity to enter into legal transactions, acting on his/her own behalf (an individual user) or on behalf of a legal person (an institutional user), which makes use of the Site in accordance with the Terms of Use. A User can also be a minor and/or a person without a capacity to enter into legal transactions, provided that he/she obtains a consent of a statutory representative.

In accordance with the provision of Article 8 paragraph 1 subparagraph 1 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws no 144, item 1204 as amended) the Owner hereby establishes the Terms of Use.

2. Acceptance of Terms of Use: FilesTube is accessible worldwide to anyone with Internet access. Access to and use of the Service and the FilesTube Site are subject to these Terms of Use and Copyright Notice. The Terms of Use constitute a binding agreement between you and the Owners and operators of FilesTube, regarding your use of the FilesTube Site.

Please read these Terms of Use carefully. By using the Site, especially by accessing, viewing, searching, receiving and otherwise using the materials available through FilesTube ("use" or "using") or any webpage or feature available through FilesTube, any information provided as part of the FilesTube Services, or any related services, or by clicking "Sign up" during the registration process, you conclude a legally binding agreement with the Site Owner based on the conditions of these Terms of Use and become a FilesTube User.

An agreement of providing access the Site is concluded upon registration in the Site and simultaneous familiarization with the Terms of Use and Privacy Policy. A User cannot register in the Site without prior acceptance of the Terms of Use and Privacy Policy.

Once the registration on the Site is made the Owner will send a User an email. A User needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message, or copy and paste it into your browser address bar. A User can terminate the agreement, effective forthwith, at any time and without stating any reasons by deleting his/her account. To that aim, a User needs to submit a relevant declaration and send it to the following e-mail address support@filestube.com

A User may stop using the Site at any time. A User, who concluded an agreement for the Site of providing access to the Sites specified in the Terms of Use, has the right to renounce the agreement within 10 days of its conclusion. To make the renouncement of the agreement effective, it must be executed by sending a written declaration to the following address: Red Sky Sp. z o., Piastów 22 Street, Szczecin 71-064, Poland or by sending a relevant declaration of intent by e-mail to the following address support@filestube.com

If you do not want to become a User, do not conclude the Terms of Use, do NOT click "Sign up" and do not access, view, search or otherwise use any FilesTube Sites, information or Services.

Once again, we encourage you to read these Terms of Use with great care. By becoming a User, you acknowledge that you have read and understood the terms and conditions of these Terms of Use and that you agree to be bound by all of its provisions.

3. Modification of Terms of Use: We reserve the right to modify, supplement, replace these Terms of Use at any time on site's home page. Your continued use of this Site indicates your acceptance of the amended Terms of Use.

4. General provisions: FilesTube is a search engine designed to provide its Users with online service which enables the Users to search files in various file sharing and uploading sites.

FilesTube offers this files search engine on an “as is” basis. FilesTube distributes information supplied by third parties and provides Internet links and references gathered from web. Therefore, please do not assume that any content or materials identified, located or obtained through the use of FilesTube are error-free.

As a file sharing search engine FilesTube finds files matching your search criteria among the files that have been seen recently in uploading sites by our search spider. This information is accumulated in a database. When you execute a FilesTube search it delivers results from the database.

With our unique approach to crawling you can find the files shared on uploading sites that the other crawlers miss. Also our search engine collects rich and relevant metadata for each page. As a result, when you search for files (video, music, software, documents etc) with FilesTube, you can always find high-quality, relevant search results.

However we can not assure that each search you will make on FilesTube will return accurate, reliable, timely, correct, useful or complete result. We do not have control on the referenced search results and therefore, do not assume that the file or material any searched was linked to is not copyrighted.

Note that FilesTube has no way to determine which files have a copyright and which do not. FilesTube does not nor will ever store any files on its own servers. Users should use their own judgment when downloading files from other internet servers which could possibly infringe upon any copyright. Please note that content such as mp3/wma music files, mp4/mpg/avi video or movie downloads, ebooks, games or software might be protected by copyrights and legally cannot be downloaded. FilesTube cannot determine which links refer to the copyrighted materials and which do not, so this is left to discretion of the User.

Any Internet reference or any third party content in this web site in no way suggests or constitutes an endorsement or authentication of that content by FilesTube.

As a condition of using this Service, you assume all risk of loss resulting from the use of, or reliance upon, FilesTube Site or any materials identified, located or obtained by using FilesTube Site. You should not assume that you have permission to share a file simply because someone else has made it available online. To make sure you have the right to share the file check the license under which you downloaded it or check the record company music/artist/movie website. Compliance with all relevant laws is Users responsibility.

The technical requirements concerning the use of the Site functionalities are as follows:

1. an Internet connection;
2. a web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked in the Internet through a web Site with activated Java Script execution and writing Cookies files;
3. an email account.

5. FilesTube Account: In order to be a User, You do not need to create an account on our Site. Apart from the free use of the Services, Users of the FilesTube Service have the opportunity of establishing FilesTube account. When creating your account You benefit from number of different Services we provide to help You take advantage of our unique file search solution and You have access some additional features or other elements of the FilesTube.

If you have access to any FilesTube account, these Terms of Use applies to your use of such Services.

An agreement is established for offering access to the Service when you complete the registration process for the Service and become a User whilst at the same time agreeing to and understanding the Service’s Regulations and Privacy Policy. A User cannot register with the service unless they have agreed to and understand the Service’s Regulations and Privacy Policy.

A User has the ability to terminate the agreement with FilesTube at any time and without explanation, such a termination will be immediate after the removal of the Users account from the Service. Users Actions, which are mentioned here do not exclude an investigation by the FilesTube for financial claims associated with the Users fulfillment of responsibilities through the usage of payable services from the Service.

A User has the ability to terminate the use of the Service at any time, warning that FilesTube will have the ability to investigate the Users financial claims associated with the usage of payable services from the Service.

6. General operating rules; bandwidth limitations: THE USER AGREES THAT FILESTUBE MAY IN ITS COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO MAXIMIZE THE OPERATION AND AVAILABILITY OF FILESTUBE SERVICES FOR THE GREATEST BENEFIT OF ITS USERS AND TO PREVENT ABUSES. AS PART OF THESE PRACTICES, FILESTUBE RESERVES THE RIGHT TO MONITOR ITS SYSTEM TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES AND TO TAKE SUCH TECHNICAL AND OTHER REMEDIES IT DEEMS APPROPRIATE TO PREVENT ABUSES. PLEASE NOTE, INCIDENTS OF VIOLATION OF THESE TERMS OF USE HAVE BEEN INFREQUENT AMONG FILESTUBE USERS; HOWEVER, FILESTUBE RETAINS THE RIGHT TO TERMINATE OR SUSPEND USER ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A VIOLATION OF THESE TERMS OF USE.

7. Your information: The FilesTube Privacy Policy located at Privacy Policy discloses our information practices regarding your registration and use of FilesTube and the choices that you can make about the use of your information. By signing up for FilesTube and/or by using FilesTube, you consent to the information practices disclosed in our Privacy Policy

8. Your responsibilities: FilesTube is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use or access of your account by you and others. You are responsible for keeping your password confidential. You may not:

1. use FilesTube in any way that may damage, disable, overburden, or impair our servers or networks;
2. use FilesTube Services to attempt to exploit a minor (under 18 years) old or solicit personal information from a minor;
3. try to gain unauthorized access to any Services, User accounts, computer systems or networks, through hacking, password mining or any other means;
4. violates these Terms of Use, guidelines or any policy posted on FilesTube; or
5. interferes with the use of FilesTube by others.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use, including without limitation, immediate termination of your account or access to FilesTube if we believe in our discretion you are violating these Terms of Use.

9. Proprietary rights: FilesTube, its licensors and contributors own all right, title and interest in FilesTube ("FilesTube Rights"). The FilesTube Rights are protected by copyrights, trademarks, trade secrets, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. All FilesTube Rights are reserved by their respective owners. You may only use FilesTube as authorized by these Terms of Use.

10. Comply with laws and the Terms of Use: You must comply with all applicable laws, these Terms of Use, as may be amended, and the following terms, which are incorporated into these Terms of Use:

1. DOs and DON’Ts
2. FilesTube Privacy Policy

11. Service Eligibility: You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from FilesTube; (c) are not a direct competitor of FilesTube; (d) do not have more than one FilesTube account at any given time; (e) that you have full power, authority and adequate legal capacity to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party; and (f) that you will use FilesTube only for lawful purposes and that you will not violate the terms of these Terms of Use. In addition, you must provide at your own expense Internet access, compatible software and all compatible equipment necessary to access and use FilesTube, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER OR OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE FILESTUBE SERVICE.

12. Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach via email at support@filestube.com, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your FilesTube account or any information therein to another party or charging anyone for access to any portion of FilesTube, or any information therein.

13. Indemnify us: Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, damages, losses, claims, costs and expenses, including, but not limited to, reasonable attorney's fees that arise from your use or misuse of FilesTube and related to third party claims, charges or investigations, caused by (a) your failure to comply with these Terms of Use, including, without limitation any activity in which you engage on or through the FilesTube. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. Notify us of acts contrary to the Terms of Use: If you believe that you are entitled or obligated to act contrary to these Terms of Use under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to these Terms of Use, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

15. Privacy: You should carefully read our full Privacy Policy before deciding to become a User of FilesTube.

16. Your Rights — What You May Do: On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to use FilesTube Services as we intend such Services to be used, and only in accordance with these Terms of Use and any specific guidelines that we make available to you. We grant you no other rights, implied or otherwise.

17. Our Rights and Obligations — What We Must And May Do: The purpose of FilesTube is to provide a service which enables the Users to search files in various file sharing and uploading sites.

We allow you to access FilesTube as it may exist and be available on any given day. We have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue FilesTube Service, partially or entirely, or to charge and modify prices for FilesTube. All of these changes shall be effective upon their posting on our Site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in FilesTube and all related items.